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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110447
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Is there a legal form recognized by Texas for deposing a Plaintiff,

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Is there a legal form recognized by Texas for deposing a Plaintiff, that is out of state, by telephone as opposed to traveling to California from Texas? Does it have to be done by agreement between Plaintiff and Defendant or is there a statute in Texas that allows a Defendant to depose Plaintiff's employee that is domiciled in California. The lawsuit is governed by Texas law and venue is in Dallas County.
Deposing a plaintiff by phone in another state must be done by agreement of the parties, including the deponent, or order of the court. If not, one must apply to the court in Texas for "Letters Rogatory" which is asking for the Texas court to ask the CA court for their issuance of a subpoena to take the deposition in CA under the CA laws.

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